부당이득금반환 등 청구의 소
1. The plaintiff's primary claim and the conjunctive claim are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Defendant is a regional housing association established for the purpose of constructing a new apartment at the Seosung City C.
(B) On February 17, 2015, the association establishment authorization was approved on February 17, 2015 and September 11, 2018, respectively.
On October 4, 2014, the Plaintiff entered into a partnership agreement with the Defendant regarding Edong F (hereinafter “instant apartment”). Under the said agreement, the Plaintiff paid the Defendant the down payment of KRW 22,255,000, business promotion expenses KRW 12,000,000, respectively.
C. Although the instant apartment building was planned to be newly built on the initial 1,121 household scale, the project plan was modified to be newly built on or around January 2016 by only 1,014 households as part of the project site was not secured, and as a result, the new construction of the instant apartment building purchased by the Plaintiff was nonexistent.
On April 25, 2016, the Plaintiff prepared a written confirmation of termination of the instant contract (hereinafter “instant written confirmation”) with the Defendant as follows.
The plaintiff does not voluntarily consent to the change in the number of club deposits designated by the defendant in full, in full, whether the contract termination certificate (No. 13) for the union member's subscription deposit of KRW 22,255,000,000 is paid in full or not, and the contract of this case is terminated. Accordingly, the plaintiff confirmed that he is not a union member and raised any objection in the defendant's termination disposition.
(Provided, however, at the time of receiving the full refund of the above amount, the defendant promises to return the said down payment deposited by the plaintiff as the down payment after the sub-payment, and then gives a subsequent notice in relation to the business promotion expenses.
E. On November 18, 2019, the Plaintiff, while the instant lawsuit was pending, completed a move-in report from the householder to the other household’s resident.
[Ground of recognition] without any dispute, Gap 3, 4, 9, 11, 12, and Gap.